By prevailing on the Internal Revenue Service (IRS) to propose a rule to “fix” the so-called “family glitch” regarding Obamacare subsidies in the Affordable Care Act (ACA), the Biden administration is pursuing an extra-legislative rewrite of the statute, a move almost certain to be challenged in court.
The family glitch refers to a provision in the 2010 ACA that sets parameters for determining who qualifies for subsidized coverage on the newly created Obamacare exchanges. Under the law, any American without access to an employer-based health insurance plan deemed “affordable” under criteria laid out in the statute qualified for subsidized coverage on the exchanges.
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